60 Description In Crown Grant

PRACTICE

Description

Under s. 54 of the Land Act, R.S.B.C. 1996, c. 245, if the registrar is satisfied that the description of land in a Crown grant sufficiently defines the land in the grant, the register registers the title granted. The description in the first indefeasible title must therefore be identical to this description which the registrar has accepted. The registrar may adopt any new descriptions that best identify the parcel in any subsequent indefeasible titles.

CROSS REFERENCES AND OTHER SOURCES OF INFORMATION

Section 54 of the Land Act directs the registrar to register an indefeasible title in consequence of a Crown grant. This is the only instance where the registrar is not under a duty to verify that a good safe holding and marketable title exists. However, where the registrar perceives a defect in a description, the registrar refers the issue to the Surveyor General.

Application for Provincial Crown Grants

Submissions

On the Form 17 Surveyor General, select Nature of Interest, Crown Grant, and attach an image of the original Crown Grant. The application is accompanied by a Property Transfer Tax form.

Any charges created by the Crown Grant are applied for in the same Form 17 Surveyor General. The form includes applications to release charges created by previous Crown Grants. Where the Crown Grant is to be submitted by applicants other than the Surveyor General, the nature of interest Crown Grant accompanied by a Property Transfer Tax Form is used as it needs to be accompanied by a Property Transfer Tax form.

Note that the Form 17 Surveyor General has been approved by the Director of Land Titles for completion and signing only by the Authorized Subscribers within Surveyor General Operations, Land Title and Survey Authority.

Secondary Sources

See Di Castri, Registration of Title to Land, vol. 1, §4:19 and §6.4.